(A)heads of a foreign state, official representatives of a foreign government, and other distinguished visitors to the United States, while in the United States;

(B)the Secretary of State, Deputy Secretary of State, and official representatives of the United States Government, in the United States or abroad;

(C)members of the immediate family of persons described in subparagraph (A) or (B);

(D)foreign missions (as defined in section
4302(a)(4)[1] of this title) and international organizations (as defined in section
4309(b) of this title), within the United States;

(E)a departing Secretary of State for a period of up to 180 days after the date of termination of that individual’s incumbency as Secretary of State, on the basis of a threat assessment; and

(F)an individual who has been designated by the President or President-elect to serve as Secretary of State, prior to that individual’s appointment.[2]

(4)if designated by the Secretary and qualified, under regulations approved by the Attorney General, for the use of firearms, carry firearms for the purpose of performing the duties authorized by this section; and

(5)make arrests without warrant for any offense against the United States committed in their presence, or for any felony cognizable under the laws of the United States if they have reasonable grounds to believe that the person to be arrested has committed or is committing such felony.

(b) Agreements with Attorney General and Secretary of the Treasury and firearms regulations

(1) Agreement with Attorney General

The authority conferred by paragraphs (1) and (4) of subsection (a) of this section shall be exercised subject to an agreement between the Secretary and the Attorney General.

(2) Agreement with Attorney General and Secretary of the Treasury

The authority conferred by paragraphs (2) and (5) of subsection (a) of this section shall be exercised subject to an agreement among the Secretary, the Attorney General, and the Secretary of the Treasury.

(3) Firearms regulations

The Secretary of State shall prescribe regulations, which shall be approved by the Attorney General, with respect to the carrying and use of firearms by special agents under this section.

(c) Secret Service not affected

Nothing in subsection (a)(3) of this section shall be construed to preclude or limit in any way the authority of the United States Secret Service to provide protective services pursuant to section
3056 or
3056A of title
18 at a level commensurate with protective requirements as determined by the United States Secret Service. The Secretary of State, the Attorney General, and the Secretary of the Treasury shall enter into an interagency agreement with respect to their law enforcement functions.

Section
4302 of this title, referred to in subsec. (a)(3)(D), was subsequently amended, and section
4302(a)(4) no longer defines the term “foreign mission”. However, such term is defined elsewhere in that section.

Prior Provisions

A prior section 37 of act Aug. 1, 1956, was renumbered section
38 by section 125(a) ofPub. L. 99–93, and subsequently renumbered, and was set out as a Short Title of 1956 Amendment note under section
2651 of this title, prior to repeal by Pub. L. 102–138, title I, § 111(1),Oct. 28, 1991, 105 Stat. 654.

“(B) make arrests without warrant for any offense concerning passport or visa issuance or use if the special agent has reasonable grounds to believe that the person has committed or is committing such offense, and

“(C) obtain and serve subpoenas and summonses issued under the authority of the United States;”.

“(A) in the case of a felony violation, if the special agent has reasonable grounds to believe that such person—

“(i) has committed or is committing such violation; and

“(ii) is in or is fleeing from the immediate area of such violation; and

“(B) in the case of a felony or misdemeanor violation, if the violation is committed in the presence of the special agent.”

Subsec. (b). Pub. L. 107–228, § 202(b), substituted “Agreements with Attorney General and Secretary of the Treasury and firearms regulations” for “Agreement with Attorney General and firearms regulations” in heading, added pars. (1) and (2), struck out former par. (1), which related to agreement with the Attorney General, and redesignated former par. (2) as (3).

1994—Subsec. (d). Pub. L. 103–236struck out subsec. (d) which read as follows: “The Secretary of State shall transmit the regulations prescribed under this section to the Committee on Foreign Affairs and the Committee on the Judiciary of the House of Representatives and the Committee on Foreign Relations of the Senate not less than 20 days before the date on which such regulations take effect.”

For transfer of the functions, personnel, assets, and obligations of the United States Secret Service, including the functions of the Secretary of the Treasury relating thereto, to the Secretary of Homeland Security, and for treatment of related references, see sections
381,
551(d),
552(d), and
557 of Title
6, Domestic Security, and the Department of Homeland Security Reorganization Plan of November 25, 2002, as modified, set out as a note under section
542 of Title
6.

“(1) The authority conferred by paragraphs (2) and (5) of section 37(a) of the State Department Basic Authorities Act of 1956 [22 U.S.C. 2709(a)(2), (5)], as amended by subsection (a), may not be exercised until the date on which the Secretary—

“(A) submits the agreement required by subsection (b)(2) ofsection
37 of such Act [22 U.S.C. 2709(b)(2)] to the appropriate congressional committees; and

“(B) publishes in the Federal Register a notice that the agreement has been submitted in accordance with the requirements of subparagraph (A).

“(2) The authority conferred by paragraphs (2) and (5) of subsection (a) ofsection
37 of the State Department Basic Authorities Act of 1956, as in effect on the day before the date of the enactment of this Act [Sept. 30, 2002], may continue to be exercised until the date on which the notice described in paragraph (1)(B) is published in the Federal Register.”

[For definitions of “Secretary” and “appropriate congressional committees” as used in section 202(c) ofPub. L. 107–228, set out above, see section 3 ofPub. L. 107–228, set out as a note under section
2651 of this title.]

LII has no control over and does not endorse any external Internet site that contains links to or references LII.